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Chapter 2

Illustration 22 – Incorporation

OLLEY V MARLBOROUGH COURT 1949

Facts:

Mr Olley and his wife booked a hotel room. When they got to the room there was
a notice denying liability for loss or damages to personal belongings.

Held:

The clause was not incorporated as it was brought to the party’s attention after
the agreement was entered into.

 Previous dealings

For an exclusion clause to be incorporated by previous dealings, there must
have been a consistent course of dealings between the parties.

Interpretation

The defendant will only be able to rely on an exclusion clause of it covers the loss the
claimant has suffered. In the case of any ambiguity the clause will be interpreted
against the person trying to rely on it.

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